Wednesday, June 6, 2018

Superior Court Quickly Reissues Decision in Berg - No Substantial Change

In an Opinion handed down yesterday (June 5, 2018), the Pennsylvania Superior Court issued its reconsidered Opinion in the case of Berg v. Nationwide.

The latest Opinion by the Superior Court remained consistent on all substantive fronts when compared to its previous April 9, 2018 decision in which the court erased a $21 million dollar bad faith award in favor of the Plaintiff. 

It appears that the only change noted in the new decision was a removal by the court of a reference made in the April 9th Opinion to a the burden of proof that had been used when the Plaintiff's Unfair Trade Practices and Consumer Protection Law claims were tried before a jury in 2004.  This change from the previous Opinion is of no import in the end.

To review this June 5 2018 Opinion by the Superior Court in Berg click HERE.  President Judge Emeritus Stevens' Dissenting Opinion can be viewed HERE.

To review the Tort Talk entry on the April 9, 2018 decision that was vacated and which now has essentially been reinstated, click HERE.

Continuing updates will be provided on this case.  Commentators expect that there will be an request for re-argument en banc.

Source:  "$21M Bad Faith Verdict is Tossed Again on Reconsideration" by Max Mitchell of The Legal Intelligencer (June 6, 2018)

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